New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 207 - Uniform Rules For The Surrogate's Court
Section 207.49 - Applications for appointment of successor custodians under EPTL 7-4.7

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 207.49

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A petition for the appointment of a successor custodian under E PTL 7-4.7 shall show:

(1) the relationship between the petitioner and the minor;

(2) the age of the minor;

(3) the facts concerning the original gift;

(4) whether the donor was the original custodian and, if not, whether he or she joins in the application;

(5) the adult members of the minor's family;

(6) whether there is a general or testamentary guardian of the minor and, if so, whether he or she joins in the application;

(7) what was the relationship between the custodian and the petitioner if the donor was the custodian and is now deceased;

(8) if the donor custodian and petitioner were husband and wife, whether they were living together and whether the infant resided with them;

(9) with whom the minor is now living; and

(10) the monies and securities to be delivered to the successor custodian and the value of such securities.

(b) If the donor was a relative of the minor and has died leaving a will, a copy of the will should be submitted.

(c) Additional facts and affidavits shall be submitted as will permit the court to determine from the papers, in the absence of a contest, that the best interests of the minor will be served by the appointment of the petitioner as successor custodian, rather than by the appointment of some other eligible person.

(d) Unless otherwise ordered by the court, and unless such person or persons have joined in the application, notice of the application shall be served upon (1) such persons as are required to be served in a proceeding for the appointment of a guardian, (2) the donor, if he or she is alive, and the guardian, if there is one of the minor.

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